Agenda and minutes

Agreed that Councillor Peter Cartridge be appointed Chairman of the Licensing Committee for the municipal year 2022/23.

Agreed that Councillor Matthew Vincent be appointed Vice Chairman of the Licensing Committee for the municipal year 2022/23.

Members will disclose any pecuniary and any other significant interests they may have in relation to the matters under consideration.

Councillor Paul Ellison declared an interest in agenda item 6, as his wife was not only the ward councillor for the application but had also submitted an objection letter to the application. However as the interest was not considered to be a non-registerable interest under the Councillors  Code of Conduct and would not affect his view of the wider public interest he remained in the meeting and took part in the decision.

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 29 March 2022.

The minutes of the meeting of the Licensing Committee held on the 29 March 2022 were approved as a correct record.

Report of the Corporate Director Environment.

The Corporate Director Environment submitted a report to assist members in their decision making process in respect of the application for a new premises license, submitted by Thornton Cleveleys Football Club.

The Designated Premises Supervisor (DPS) applicant, Natalie Thornton, was present, as well as two other members of the club’s committee. In response to a question regarding new evidence which had not been presented to the committee, the applicant stated that the club’s committee had held a meeting with local residents to dissuade concerns over noise and amplified music. The applicant surmised that this meeting and their comments to residents led to the absence of all 27 objectors.

The Senior Licensing Officer introduced the report. They pointed out to members a note to para 4.2 of the report, which explained that the applicant was not planning to keep the club open according to the applied for hours every day, but that this was to ensure that should they require those extended hours for a function or event, they would not have to apply for a temporary events notice (TENs). The Senior Licensing Officer also referred members to para 4.7, listing 27 representations had been received by the Licensing Authority but that appendix 3 also contained an email referring to the mediation meeting with residents and local councillors.

The Senior Licensing Officer pointed members to the conditions agreed by the applicant with both Lancashire Police and the council’s Environmental Health department. Neither had raised an objection to the application but they had agreed a number of conditions which covered many of the objections raised by residents.

Councillor Baxter asked the Senior Licensing Officer to clarify the point of amplified music in relation to the conditions agreed with Environmental Health.

The DPS applicant presented their case. They referred to the representations from residents, which they felt had been addressed in the mediation meeting, and stated that they also felt these issues had been addressed through the agreements with Lancashire Police and Environmental Health. They stated that they had agreed with residents to put a notice board outside, and to signpost residents should they be holding a function that finished late. They also referred to other concerns, such as litter and amplified music. The applicant stated that they were a resident of the area and understood the concerns raised by residents.

Councillor Matthew Vincent asked the applicants whether they accepted all the conditions and amendments imposed; they replied that they understood them and agreed with Environmental Health on the conditions surrounding amplified music.

All participants who were not involved in considering the decision were then asked to leave during the committee‘s deliberations. Only the members of the committee, the Legal Services Manager and the Assistant Democratic Services Officer remained in the room whilst the case was considered.

The Licensing Committee then reconvened and the Chair announced the decision.

Decision

The Committee decided to grant the premises license but with reduced times for the licenseable activities and subject to the conditions agreed with Lancashire  ...  view the full minutes text for item 5.

Report of the Corporate Director Environment.

The Corporate Director Environment submitted a report to assist members in their decision making process in respect of the application for a new premises license submitted by Business Suite Limited.

Malcolm Ireland, the applicant’s solicitor and agent, a member of his legal team, and Chris Lambe, the proposed designated premises supervisor (DPS) were in attendance.

Councillor Peter Le Marinel was in attendance as he had submitted a representation on this application.

The Senior Licensing Officer introduced the report.

The agent presented the applicant’s case, stating that the company Business Suite Limited was a local marketing business, which ran several buildings as offices but also was involved in hospitality. Due to the pandemic and some personal reasons, the applicant had decided to re-evaluate the use of the building of 18 Breck Road, and in keeping with the businesses in Poulton had decided to turn it into a boutique delicatessen, coffee shop and wine bar.

The agent, referring the Head of Legal Services to the case of Daniel Thwaites v Wirral Borough Magistrates Court (2008), explained to the committee the issues with the representation submitted concerning public nuisance and the use of the rear outdoor area. They also explained to the committee their attempts at mediation with the objector.

Councillor Baxter asked the agent to clarify the issue around the rear outdoor area and the restriction for 9pm. The agent clarified that the applicant was happy to agree to close the outside area for service and drinks at 9pm, with access just for smokers so that they would not spill out onto the street. The agent also responded to another question on the style of the delicatessen, which he said would be Mediterranean in style, and on offer at all hours.

Councillor Le Marinel, the one representative, made his case to the committee. He commented that if the agent had been more clear in the intention for the rear outdoor area, then the mediation would have been successful. However, he said he was still concerned on behalf of residents of the potential noise nuisance from smokers past 9pm, which was why he had been advocating for a complete close of the outdoor area from 7pm. He made reference to other premises on the street which had the restriction of 7pm for outdoor areas.

The agent summarised their case, again referring to the issues raised in the objections, stating that the majority of the objections were irrelevant in terms of the licensing objectives. The agent stated that the applicant was happy to agree with conditions agreed with Lancashire Police and Environmental Health.

All participants who were not involved in considering the decision were then asked to leave during the committee‘s deliberations. Only the members of the committee, the Legal Services Manager and the Assistant Democratic Services Officer remained in the room whilst the case was considered.

The Licensing Committee then reconvened and the Chair announced the decision.

Decision

The Committee agreed to grant the premises license as applied for together with the  ...  view the full minutes text for item 6.